Keen to exclude time from 15 March 2020 to June 2021 from ambit of Limitation Act: CJI Bobde

 Source: Times of India dated 04.03.2021

The Supreme Court agrees with AG's suggestion to exclude 15 months' time from the Limitation Act's ambit.

SC relief for civil disputes in suo motu case on extension of time under Limitation Act.

AG to address ways of legal recourse to citizens if partial lockdowns imposed, said CJI.

A 3-judge bench of the Supreme Court has agreed with Attorney General (AG) KK Venugopal's suggestion to exclude time of around 15 months from the ambit of the Limitation Act, which will allow lawyers and litigants to file cases without being time barred for the period which has elapsed during the pandemic.........

To read this article by Abhimanyu Sharma, go to the following link:

https://timesofindia.indiatimes.com/india/offences-under-section-63-of-copyright-act103-trademark-act-are-non-bailable-bombay-high-court/articleshow/81336739.cms

Law News and Updates 03-03-2021

Law News and Updates - Compiled by M&J Services - The Eclectic Law Bookstore. 

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SC to not share video conference links for hearings on WhatsApp group

https://tinyurl.com/y8f3cmae

Source: First Post

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BCI sets up India's first law teacher training institute

https://tinyurl.com/y8rpkk97

Source: Times of India

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When law tries to catch up with technology (and fails)

https://tinyurl.com/y84tqc32

Source: Economic Times

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SC questions what construes marital rape

https://tinyurl.com/yb7g449y

Source: New Indian Express

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Cheque dishonor cases can't be filed or continued against firms facing insolvency proceedings: SC

https://tinyurl.com/ycjby36x

Source: The Economic Times

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Can’t forgo quarantine period for divorce: High Court

https://tinyurl.com/ycqlvw4m

Source: Tribune India

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Supreme Court ends bail of over 2,000 prisoners given on Covid-19 ground

https://tinyurl.com/y75fxrka

Source: Hindustan Times

Disclaimer: Law News and Updates sources material from the public domain. Readers are advised to exercise their discretion and cross-check on the authenticity of the same. Law News and Updates will not be responsible for any consequences arising out of the use of the said material.

Law News and Updates 02-03-2021

 Source: M&J Services - The Eclectic Law Bookstore. 

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2021 to be exceptionally busy, says Cyril Shroff

https://tinyurl.com/yccknsmv

Source: India Business Law Journal

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How Covid pandemic hit the justice system

https://tinyurl.com/ybjf5zoo

Source: Hindustan Times

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Mumbai: Overcrowding in court irks Bombay HC judge, warns of not taking up any case for hearing

https://tinyurl.com/y7grdobz

Source: Free Press Journal

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Charges by estranged spouse affecting other’s career amounts to mental cruelty: Supreme Court

https://tinyurl.com/yazj6dqo

Source: The Hindu

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Law and judiciary: More sloganeering, less vision

https://tinyurl.com/y8p97g3g

Source: Free Press Journal

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Disclaimer: Law News and Updates sources material from the public domain. Readers are advised to exercise their discretion and cross-check on the authenticity of the same. Law News and Updates will not be responsible for any consequences arising out of the use of the said material.

Law News and Updates - 16.12.2020

 Indian Content

- Compiled by M&J Services - The Eclectic Law Bookstore. 

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Senior Citizens Act can’t be used to evict daughter-in-law from shared household: SC

https://tinyurl.com/y7f7oeun

Source: Siasar Daily

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Homeopathy Practitioners Can Give Medicines To Mitigate Covid: Top Court

https://tinyurl.com/y9vmxvcf

Source: NDTV

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Maharashtra government sends new death law for review

https://tinyurl.com/yaadtxqw

Source: Times of India

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What is the legal sanctity of Advocate stickers? Madras High Court asks

https://tinyurl.com/yakcoanl

Source: Bar and Bench

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Supreme Court asks AG to consider if Wildlife Act can be added to NGT jurisdiction

https://tinyurl.com/ydc2area

Source: Indian legal Live

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Provide facilities for online classes to children in care homes, Supreme Court directs states

https://tinyurl.com/ya6ebpf7

Source: The Economic Times

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Justice Muralidhar elevated as CJ of Orissa High Court

https://tinyurl.com/yca5evtj

Source: The Tribune

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Lawyer cites US Supreme Court ruling in plea to quash FIR over 'offensive' post on Uddhav Thackeray

https://tinyurl.com/ybm7xkvt

Source: The Times of India

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Law News and Updates - 15.12.2020

 Indian Content:  Compiled by Absolute Guilt for M&J Services - The Eclectic Law Bookstore. 

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Portuguese Civil Code, 1867

https://tinyurl.com/y886mxzq

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‘STAND IN THE QUEUE’

https://tinyurl.com/ybqgzpny

Source: The Leaflet

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Can Emergency Be Declared Unconstitutional Now? Supreme Court To Examine

https://tinyurl.com/y6zspj4k

Source: NDTV

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Supreme Court sends notice on PIL over forced sacramental confessions

https://tinyurl.com/y878kbv3

Source: Hindustan Times

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Madras High Court recalls order after senior counsel cries injustice

https://tinyurl.com/yap47f8j

Source: India Legal Live

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How the Covid pandemic has transformed the practice of law & legal work culture

https://tinyurl.com/yck2a75x

Source: Forbes India

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India’s Decadent Criminal Justice System Cries for Reform

https://tinyurl.com/yafzxkdc

Source: NewsClick

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High court junks govt’s interlocutory application

https://tinyurl.com/ycma4jky

Source: Times of India

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When Supreme Court Crushed Veerappan’s Ultimatum & Saved Democracy

https://tinyurl.com/y84rpted

Source: The Quint

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Law News and Updates - 14.12.2020

 Indian Content: Compiled by Absolute Guilt for M&J Services - The Eclectic Law Bookstore. 

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‘WHY SO MANY DIE’

https://tinyurl.com/y6kufds8

Source: The Leaflet

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The Locked Down Lawyer by Raju Z Moray mirrors the life of lawyers and the judiciary during lockdown

https://tinyurl.com/y4ahuenm

Source: The Leaflet

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Many believe Covid-19 is man-made, says Chief Justice

https://tinyurl.com/y6qo5k7x

Source: News Indian Express

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Govt officials like Kumbhakarna, only wake up after being repeatedly scolded: Jammu and Kashmir High Court

https://tinyurl.com/y6bkwk8n

Source: India Today

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Assam govt to bring new law to control micro finance firms

https://tinyurl.com/y5zooph7

Source: Deccan Herald

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Supreme Court to hear plea seeking immediate removal of farmers protesting at Delhi’s borders

https://tinyurl.com/y5ax7zrl

Source: Hindustan Times

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Top Court Fines UP Government ₹ 15,000 For "Wastage Of Judicial Time"

https://tinyurl.com/yxs4cbmb

Source: NDTV

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Court Seeks Google, Facebook Reply On Amul's Plea Over Videos On Cows

https://tinyurl.com/yxhank2g

Source: NDTV

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Legal Experts Slam Alleged Attempt by HC Judge To Influence Srinagar Sessions Judge

https://tinyurl.com/y5krwqy9

Source: the Wire

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Increased government action necessary during emergencies, duty of courts to ensure accountability: Justice DY Chandrachud

Source: www.financialexpress.com

To read this article online, go to link: https://www.financialexpress.com/india-news/supreme-court-video-conferencing-coronavirus-medical-emergency-justice-dy-chandrachud-latest-update/1969657/

Justice DY Chandrachud said virtual court hearings cannot replace or be a substitute to physical courts as it constitutes the spine of the judicial system.

Sitting Supreme Court judge Justice DY Chandrachud said increased action on part of the government is required during a public health emergency such as the one the country is currently facing, but it is the duty of courts to ensure accountability and protect rights of citizens.

Speaking at a webinar organized by Nyaya Forum of National Academy of Legal Studies and Research, Hyderabad on the topic ‘Future of Virtual Courts and Access to Justice in India’ on Sunday, he said that all emergencies, including a public health crisis that we are in “vest substantial powers in the executive”.

“During a public health crisis, increased government action may be necessary to preserve public health and welfare. However, irrespective of governmental action and restrictions, it is above all, the duty of courts — civil, criminal and constitutional — to protect the rights of citizens and ensure governmental accountability and the rule of law,” Justice Chandrachud said.

With the coronavirus outbreak having disrupted not just normal lives but the justice delivery system as well, Justice Chandrachud, who heads the e-committee of the Supreme Court that is tasked with overseeing the digitisation of the court, said that virtual court hearings cannot replace or be a substitute to physical courts as it constitutes the spine of the judicial system.

He said virtual court hearings started because Covid-19 descended without warning and “we had no other choice”.

“I want to dissuade people from the idea that virtual court hearings are some sort of panacea. We had no choice in the pandemic but to resort to this. They will not be able to replace physical court hearings,” he said.

“We had to protect those who come to court – lawyers, litigants, media personnel, para-legal, interns,” the Justice added.

The Supreme Court is under complete shutdown due to the coronavirus threat and shifted to virtual court hearings in order to keep the virus at bay and ensure safety of lawyers, litigants and judges. In a circular issued on March 23, the court had suspended entry of lawyers and litigants inside the court premises and directed that only extremely urgent cases will be taken up for hearing. These cases are being heard by the top court video conferencing without the personal presence of lawyers.

Going by the seniority, Justice Chandrachud is in line to become the Chief Justice of India on November 9, 2022 and remain in office for a duration of two years.

Law as weapon

Source: Indian Express dated 21.05.2020

Misuse of Epidemic Diseases Act by government must stop. Else, court must step in to protect citizens’ freedoms

A dharna in Agra over the movement of buses to ferry migrant labour led to the arrest of the Uttar Pradesh Congress chief Ajay Kumar Lallu and two of his party colleagues — all three subsequently got bail. Amongst the laws weaponised by the UP police to detain the Opposition leaders is a late-19th century statute, The Epidemic Diseases Act. Drafted by the colonial state in 1897 “to take special measures and prescribe regulations” for “the better prevention of the dangerous epidemic diseases”, the law has been summoned in the past to deal with outbreaks of cholera, swine flu and dengue. But its heavy-handed and arbitrary use, or misuse, during the fight against the COVID-19 pandemic is new. Patients, journalists and Opposition leaders have been at the receiving end of this blunt instrument that does not actually define an epidemic, leave alone a pandemic.

Of course, combating COVID-19 does require extensive surveillance, including identification of the carriers of the virus and their contacts. But in most parts of the world, including India, a growing body of literature has underlined that such extraordinary measures are best undertaken by taking citizens into confidence, using persuasion and involving the community. At several places, however, the state authorities are giving the go-by to these imperatives and asserting state power in heavy-handed ways, by taking cover under Clause 4 of the Epidemics Act — actions taken under the law are provided immunity from “legal proceedings” for they are deemed to have been “undertaken in good faith”. In early April, when knowledge of the virus was still uncertain among large sections of the people, an FIR was slapped against the family of a Bengaluru technician, who had contracted COVID-19, for “hiding information”, and they were charge-sheeted under the Epidemics Act. Also last month, the Mumbai Police invoked the law to arrest a journalist, alleging that his social media posts led to unrest among migrant workers in suburban Bandra.

A toxic mix of the Disaster Management Act, 2005, Section 144 of the CrPC and the Epidemics Act may well be on its way to becoming the new sedition law, which has been invoked with disturbing frequency in the recent past to criminalise criticism and dissent. Last week, the Gujarat government combined the sedition law with the Disaster Management Act to charge a journalist for reporting that Chief Minister Vijay Rupani may be removed by the BJP High Command for his handling of the pandemic. Also last week, this paper reported that at least four FIRs have been filed against journalists in Himachal Pradesh for highlighting the condition of stranded labourers in the pandemic. The FIRs allege that these reports are “fake” and “sensational” news; the cases are being investigated. But governments must realise that the discourse on citizens’ rights and public health has moved on from the times when the colonial government charged Bal Gangadhar Tilak for sedition for criticising its handling of the 1897 bubonic plague. Else, the Supreme Court must intervene to allow people to voice their opinions freely during a crisis, and especially in a crisis, without the threat of their being criminalised.

SC allows e-filing by AOR to save cost, paper and prevent Covid-19 spread

Source: www.livemint.com

To read this article online go to link: https://www.livemint.com/news/india/sc-allows-e-filing-by-aor-to-save-cost-paper-and-prevent-covid-19-spread-11589986472468.html

-- Japnam Bindra

The e-filing is aimed at promoting a cost and time effective system while adopting technological solutions to file cases before various courts in India

With an aim to promote paperless filing and introduce cost saving efficiencies the Supreme court allows e-filing of petitions by Advocates on record (AoR) amidst the nation-wide lockdown due to covid-19.

An AoR is an advocate who having passed a qualifying examination conducted by the Supreme Court is allowed to file petitions in the Top court.

In a first, a webinar was inaugurated by the Chief Justice SA Bobde where the e-filing module, developed by the apex court’s e-committee for online filing of cases, was unveiled. Chief Justice while speaking at the webinar said that the transition to digitization was not easy but now it is here to stay and this is the only way forward for the judicial bodies across India.

Highlighting how technology can save cost and time, Chief Justice said “Technology must be simple to use, and does not exclude any citizen anywhere. The rule of law must survive irrespective of virus. Artificial Intelligence can play a great role in organization of courts, categorization of matters and automation of courts. If we were to have this system during Ayodhya matter, then we could have dealt much more efficiently, as there were thousands of pages to go through".

Justice DY Chandrachud, Chairperson of the E-committee also spoke and said that this model of e-filing includes cost effective method where preparing huge amount of hard copies of petitions is done away with and petitions are uploaded on the portal. A 24x7 e-filing facility, incorporation of online court fee payment, use of digital signature and digitalized scrutiny mechanism for defects and objections in the petitions are few of the key features envisaged through the introduction of e-filing, said Justice Chandrachud.

An e-Filing-User Manual launched at the webinar incorporates a step by step guide to enable e-filing. In a step to reduce paper and enhance online filing, all the documents will not be uploaded on the filing portal with the signatures of the person filing the case. The manual explains in detail how digital signature can be generated and used for the filing purposes. There are two different choices to digitally sign the affirmation (An affirmation is a formal declaration made by the litigant) in a petition. One way to sign is using digital signature token provided by the Certified Authority approved under The Information Technology Act, 2000. Another way is using e-Sign facility to sign the documents. This facility provided by the Government of India (managed by CDAC exclusively). This e-Sign facility is provided free of cost especially for the litigants and lawyers who do not possess digital signature token or cannot afford to purchase such digital signature token.

The aim as mentioned in the manual states that e-filing is not just a step for ease of business but is aimed at promoting a cost and time effective system while adopting technological solutions to file cases before various courts in India.

Advocate Saurabh Ajay Gupta is one the leading AoR and arguing counsel at Supreme court and presently is also Additional Advocate General for the State of Chhattisgarh in Supreme Court. While talking to Mint, he said, “The e-filing system introduced by the Apex court is a step in the right direction. My urgent matters are being listed within short span of time and through the efficient process of e-filing."

He did add that there are initial teething problems for uploading the vast amount of documents attached with a petition. Though, the helpline set up for assistance responds immediately and is helpful.

"This system is surely time efficient once you get accustomed to it. A tech savvy person would be more comfortable handling the entire e-filing process. Additionally, the paperless transaction is a huge step to save environment and prevent paper wastage by simple digitalization of the filing process. "

Provisions have also been made to make online payment towards court fees and allied charges through Stock Holding Corporation. One can pay the Court fees by debit card, credit card or UPI or Net Banking through Atom Bank, as mentioned in the manual.

Another significant feature enlisted in the manual is that of technical assistance provided by the E-filing Resource center, where the staff is available to answer queries from 9am to 6pm IST on each business day. On the e-Filing portal there is chat facility made available through which assistance can be sought.

The manual also incorporates rules and guidelines for litigants who prefer appearing in person than through a lawyer. A party-in-person can register himself on the e-filing portal using paperless KYC mode by giving his Aadhar details.

Delhi High Court lawyers' chambers to open in shifts, says bar association

Source: DNA (www.dnindia.com)

Delhi High Court Bar association has released a circular with a new plan for opening lawyers' chambers.

To read this article online, go to link: https://www.dnaindia.com/india/report-delhi-high-court-lawyers-chambers-to-open-in-shifts-says-bar-association-2825367

No full strength physical hearings in near future: Bombay HC

Source: Indian Express dated 19.05.2020

Chief Justice Dipankar Datta was of the firm opinion that physical courts cannot be opened in near future, said an officer-bearer of a Bar association who attended the meeting

The Bombay High Court on Monday said it will not conduct full strength in-court hearings in near future in view of Covid-19 outbreak and lockdown restrictions.

Chief Justice Dipankar Datta held a meeting on Monday to review the situation in view of the extended lockdown, along with three senior most judges forming the administrative committee of the HC, Advocate General Ashutosh Kumbhakoni, Additional Solicitor General Anil Singh and representatives of Bar associations.

CJ Datta was of the firm opinion that physical courts cannot be opened in near future, said an officer-bearer of a Bar association who attended the meeting.

The officer-bearer said the administrative judges were of the view that in the present situation, physical courts should not be opened. On demands of additional benches for videoconference hearings, the judges said that for every bench, additional staff of six-seven persons is required, which is not possible in the present scenario. However, there will be two division benches and three single benches (altogether seven judges) hearing urgent matters.

As per a circular issued by the HC, it will conduct videoconference hearing as per ongoing arrangement on May 22, 26, 29 and June 2.

The HC on Monday also directed subordinate courts in Maharashtra, Goa, Daman and Diu, Union territories of Dadra and Nagar Haveli that at the district level, a committee of three judges be formed to implement safeguards to minimise spread of Covid-19 during the lockdown.

CJ Datta, through registrar general S B Agrawal, directed subordinate courts to pass judgements in cases which are posted for pronouncement and also pass suitable orders in cases which are brought before them in the form of compromise or settlement after due verification of such compromise.

Earlier in the day, two sets of senior counsels wrote separate letters to CJ Datta urging him to consider the court function with full strength with reasonable safety precautions and social distancing measures to attain normalcy in a phased manner.

A letter submitted by senior advocates Vijay Thorat, Prasad K Dakhephalkar, Vineet Naik, AV Anturkar, Prasad Dani, Atul Damle, Vishwajeet Sawant said it is unlikely that Covid-19 will be eradicated in near future and eventually one will have to accept ‘new normal’ and resume transactions with necessary restrictions.

Senior advocate Anil Sakhare, one of the signatories, said, “We know that measures like social distancing will have to become a norm. As some of the industries are opening slowly, the courts are also essential services. It can be opened in phased manner. Since an enforcement of nationwide lockdown, most cases are heard through videoconference and some lawyers do visit court for orders. The trial courts are also hearing only urgent matters.”

Another letter by senior advocates Iqbal Chagla, Janak Dwarkadas, Fredun E De Vire, Navroz Seervai, Darius Khambata and M P Bharucha urged the HC to explore ways to start sitting at full strength again and stated that court may not be able to deal with the caseload piling while it continues to conduct hearings in restricted manner.

Bombay high court not keen to resume physical court till coronavirus outbreak continues

Source: Hindustan Times

-- K A Y Dodhiya

The Bombay high court (HC) administration held a meeting presided by the chief justice and senior judges, to decide on various presentations by senior advocates and lawyers. seeking resumption of regular court and conducting physical hearings. According to members of bar associations who attended the meeting, the administration was firm in its decision that till the Covid-19 pandemic continues, physical hearings cannot be held.

In light of the onset of monsoon and denial of physical hearings, the member said that the court administration observed that it should first work out the modalities of commencing court work in a phase-wise manner.

The meeting was attended by the additional solicitor general, advocate general, and representatives of various bar associations.

According to another member of a bar association who was in attendance, the meeting centered around two major issues – having physical hearings in the HC and physical hearing in courts other than the HC.

Advocate general Ashutosh Kumbhakoni apprised the attendees about the demarcation of red, orange and green zones by the government depending on the existence of infected cases, and said that a decision regarding physical hearings would be possible only after the state government updated the list later in the evening.

The member further said that the meeting also discussed improving the quality of video conferencing wherein it was suggested to permit call conferencing if video conferencing quality was not good. However, the administrative judges did not show any inclination towards this idea.

A request was also made to increase the number of days when the court worked and the number of judges assigned to hear cases on these days.

According to the bar association member, the administrative judges said that in the current pandemic situation, allowing physical hearings would not be possible but a decision on permitting the same in courts in green zones, and other issues, would be taken only after there was clarity from the government. The decision is likely to be announced on Tuesday.

One virtual court can hear 40 cases through video-conferencing in day: SC

Source: www.newindianexpress.com

https://www.newindianexpress.com/nation/2020/may/18/one-virtual-court-can-hear-40-cases-through-video-conferencing-in-day-sc-2144971.html

As per earlier standard operating procedures (SOPs) notified by the apex court, only few urgent matters were getting listed for hearing before the virtual courts (VCs).

The Supreme Court Monday observed that one virtual court (VC) can hear as many as 40 matters through video-conferencing in a day.

The apex court has been holding hearings through video conferencing since March 25 due to the nationwide lockdown to contain the spread of coronavirus (COVID-19).

It had suspended the entry of advocates and other staff into the high security zone on the basis of their proximity cards, till further orders.

A bench comprising Justices R Banumathi, Indu Malhotra and Aniruddha Bose, after concluding hearings on the cases listed today, observed that 40 matters, instead of 20, can be easily heard by a bench through video conferencing if the arguing counsels leave the virtual courtroom (screen space) just after finishing their cases.

Justice Banumathi said that she will talk to Chief Justice S A Bobde on the issue.

As per earlier standard operating procedures (SOPs) notified by the apex court, only few urgent matters were getting listed for hearing before the virtual courts (VCs).

The fresh SOP issued on Sunday by the top court stated that fresh cases, which could have been listed for hearing before the pandemic-triggered lockdown, will be listed and heard first.

After the exhaustion of this pool of fresh matters, the short category matters will be listed, the circular on fresh SOP said.

The fresh SOP assumed significance as the apex court has decided to postpone its summer vacation by five weeks and declared that it would remain functional from May 18 to June 19.

SC Registry launches helpline number to provide instant solutions to queries of advocates and litigants about e-filing

Source: www.thedispatch.in

https://www.thedispatch.in/sc-registry-launches-helpline-number-to-provide-instant-solutions-to-queries-of-advocates-and-litigants-about-e-filing/

The Supreme Court Registry has launched a helpline number – 1881 – to provide instant solutions to queries of advocates and litigants about e-filing.”For the first time, at Supreme Court Registry, a helpline number (1881) will be functional from 10 am to 5 pm under the supervision of Senior Officers to provide instant solutions to queries of advocates and litigants about e-filing,” according to an official statement.

On May 15, the Supreme Court through online medium streamed a live demo on e-filing of the cases in the apex court for advocates. Now, lawyers can file cases in the top court online.Chief Justice of India (CJI) SA Bobde and Justice DY Chandrachud attended the online event.Addressing the e-meeting, CJI Bobde said that the e-filing has received impetus due to COVID-19 crisis and not entirely due to the court’s dynamism.

Speaking on the initiative to have e-filing of the cases, senior advocate Dushyant Dave, President of the Supreme Court Bar Association (SCBA) said, “I am delighted at the efforts of the Supreme Court to digitise its functioning. These are times of crisis and we have to rise in these times of crisis. Today, the people of India need the healing touch your lordships.”

Combination of virtual, physical courts will be way forward: CJI

Source: Times of India

-- Dhananjay Mahapatra

To read this article, go to link: http://timesofindia.indiatimes.com/articleshow/75796059.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

E-filing will bring court registry to lawyers’ chamber, make work simpler: CJI Bobde

Source: www.hindustantimes.com

https://www.hindustantimes.com/india-news/e-filing-will-bring-court-registry-to-lawyers-chamber-make-work-simpler-cji-bobde/story-93l6LEVUCjEQp4gnOL5RrK.html

He was speaking at an online demonstration of the new e-filing module which will be rolled out by the Supreme Court in the near future.

E-filing of cases will effectively bring the court registry to the offices of lawyers and will make their work simpler and more efficient, Chief Justice of India (CJI) SA Bobde said on Friday.

He was speaking at an online demonstration of the new e-filing module which will be rolled out by the Supreme Court in the near future.

“E-filing has virtually brought the court registry into the chamber of advocates and nothing can be simpler once the steps are understood. E-filing will make the work simpler and more efficient,” Justice Bobde said.

E-filing, he said, received an impetus due to the Covid-19 lockdown which necessitated social distancing and there would be no looking back now.

“We will have to accept the present situation and change our mindset towards the way we look at court proceedings. Half the battle is won with the change of mindset. It is easy to learn but difficult to unlearn.”

The event was also attended by the chairperson of the e-committee, Justice DY Chandrachud who said that e-filing will enhance the rights of citizens to efficient justice delivery.

“We are conscious of the fact that not every lawyer has access to technology. As we age, so we become a little more diffident about the use of technology. So our solutions must factor this in order to ensure that we continue to be an inclusive institution and reach out to those who do not have access to technology,” he said.

Towards this end, the court registry will do “handholding” by engaging data entry operators who will take up the work of data entry and filing so that lawyers do not feel handicapped by the e-filing process, he said.

The new e-filing module which will be introduced for filing cases in the Supreme Court will provide personalized information to every advocate-on-record of cases which have been filed by them, their own list of cases, details of pleadings filed by them and pleadings filed by others in cases in which they appear.

The service will be available round the clock which would mean that a lawyer can file a case anytime of the day and any day irrespective of whether the registry is working or not.

“The mission is to provide facilities for inexpensive and effective access to justice. Rule of law must survive very strongly and operate at all times irrespective of coronavirus,” CJI Bobde said.

Calcutta HC Issues Guidelines For Functioning Of Court Post Lockdown

Source: www.indialegallive.com

https://www.indialegallive.com/constitutional-law-news/courts-news/calcutta-hc-issues-guidelines-for-functioning-of-court-post-lockdown-99227

The High Court of Calcutta has issued several guidelines for the post lockdown functioning of court. At the outset it has been made clear that Court can resume physical functioning in a restricted form only after the transport services particularly suburban trains and public transports system are resumed.

With respect to hearing of matters, the following guidelines have been issued:

• Mentioning will be allowed only by way of Video Conference between 4.30 pm and 5 pm on every working day, restricted to six or seven Courts at a time. Mentioning schedules will be announced in advance on the High Court Website for the convenience of all concerned.
• Benches will sit on a staggered basis; every Bench will indicate a cluster of four to six matters which will be taken up in Courts on every hour of sitting. If such matters are exhausted, other matters scheduled later in that day will not be taken up during such time.
• Apart from the Judges on the Bench, three Court staff will be present in every Court room at any given point of time. No more than six lawyers and litigants will be allowed entry into any Court room at any given point of time.
• The Lawazima Court will publish a list of limited number of matters. Times will also be indicated so that the Lawazima Court is not crowded.

Apart from these the Court has issued other general guidelines:

1. Not more than 25 per cent of the sitting capacity in any library room will be allowed.
2. All lifts will be functional. However, no more than three persons will be allowed on the smaller lifts and not more than five persons will be allowed on the bigger lifts at a time.
3. For the time being, the canteens and refreshment services in the High Court premises will not resume.
4. Only two of the entry gates to the High Court Main Building will be open.

The Court has however clarified that if “physical functioning of the Court resumes but it is observed that the distancing and health and hygiene advisories are not been met, the Chief Justice may be constrained to stop the physical functioning of Court.”

Mass Quarantining Is Permissible, Says Bombay High Court

Source: www.indialegallive.com

Link to this article: https://www.indialegallive.com/constitutional-law-news/courts-news/mass-quarantining-is-permissible-says-bombay-high-court-99123

The Bombay High Court has said that mass quarantining is permissible in a situation like the outbreak of a contagious epidemic where the Inconvenience of some should be bypassed for a larger interest or cause of the society,.

Justice A S Kilor of the Nagpur bench of the HC was hearing a petition filed by Mohammad Nishat who claimed that the Nagpur civic authorities had illegally detained 1,408 people from Satranjipura and Mominpura areas on the ground that they were high-risk contacts of COVID-19 patients. The petitioner contended that authorities randomly picked 1,408 people and, thus, violated prescribed protocols and guidelines issued by the Union government and Indian Council of Medical Research (ICMR).

It was argued that only persons found to be coronavirus positive or their high-risk contacts can be detained and quarantined for 14 days and that the 1,408 people do not fall under these categories and, hence, detaining them amounts to infringement of their fundamental rights. The civic authorities, however, refuted the claims and said only high-risk contact persons were sent to quarantine facilities.

The court in its order noted that it was of the prima facie opinion that the contention raised in the petition is without any substance.

“Inconvenience of some should be bypassed for a larger interest or cause of the society,” the court said.

“Time is of the essence in a quarantine situation, perhaps the best way in the present unprecedented situation to balance conflicting interests between individual’s rights and public health is to allow for immediate quarantine for preventing spread of contagious and infectious COVID-19,” it said.

“I am of the prime facie view that if the situation so demands and the extreme outbreak of a contagious disease is established by the authorities, then mass quarantining is permissible in the interest of larger society,” the court said.

The court noted that from May 5, when the petition was heard, and till date, the number of COVID-19 patients in Nagpur had reached 298 from 156. Those persons who have tested positive are mostly those who have been quarantined.

Of these, 99 COVID-19 positive patients are from the Satranjipura area, whereas 139 are from Mominpura area.

It is pertinent to note that the population of these two hotspots is more than three lakh, the court said.

“In such contingency, when an extreme outbreak of especially a contagious disease like coronavirus is being posed as a threat to public, safety and security of the general public is of paramount importance,” Justice Kilor said.

The bench noted that if the behaviour or movement of any individual poses a significant risk or harm to themselves or their community, then, to control the threat, if the authorities act in larger interest, then people cannot claim to enjoy the right to movement free from any interference.

“In such a situation, rights of citizens would always be subject to reasonable restrictions,” the court said.

The court further held that if the authorities had not taken the measures of institutional quarantine of high-risk contacts from Satranjipura and Mominpura areas of Nagpur, then the number of COVID-19 cases would have climbed further as these two areas are highly congested and densely populated.

“Even though quarantine is a curtailment of civil liberties, measures taken to quarantine persons from these two areas cannot be termed as to negate right to life, but in fact it will only protect right to life guaranteed under Article 21 of the Constitution for achieving a larger public interest,” the court said.

The bench has, however, ordered for an expert committee to be set up to give an opinion on the petitioner’s contention that quarantine facilities at MLA Hostel and the Visvesvaraya National Institute of Technology (VNIT) hostel were not as per guidelines issued by the Union government.

The court said authorities shall ensure the persons quarantined shall have enough supply of basic needs and proper hygiene and be updated about their health regularly.

Judges, lawyers shouldn’t wear coat, gown as they make it easier to catch virus: CJI C

Source: India Today Magazine (Online)

Link to this article: https://www.indiatoday.in/india/story/judges-lawyers-shouldnt-wear-coat-gown-easier-catch-virus-cji-1677805-2020-05-14

Chief Justice of India (CJI) S A Bobde on Wednesday said the judges and the lawyers should not wear coat and gown for the time being as they make it "easier to catch virus".

The statement to this effect by the CJI came, while he was holding the hearing through video conferencing, in a case in which arguments were being made by senior advocate Kapil Sibal.

The CJI, who was sharing dais with Justices Indu Malhotra and Hrishikesh Roy, said the apex court may soon come out with instructions on the dress code for lawyers and the judges.

The Judges were not wearing coat and the gown during the hearing conducted through video conferencing.

The observation of the CJI assumes significance in view of the fact that the apex court has been holding courts through video conferencing from March 25 due to the nation-wide lockdown to contain the spread of coronavirus (Covid-19) and had even suspended the entry of advocates and other staff into the high-security zone on the basis of their proximity cards, till further orders.

The impact of the the CJI's statement was instant as the lawyers were seen appearing without coat and gown in cases heard after that through video conferencing.

Earlier, the apex court on Tuesday said that as part of a pilot project, the judges may come to the courtrooms in the apex court premises from next week to hold proceedings through video conferencing.

During the lockdown, the benches usually assemble at the residences of the judges and the lawyers are allowed to join the video conferencing from their homes or offices.

Kerala high court refuses stay on mandatory use of Arogya setu app

Source: Hindustan Times dated 13.05.2020

Aarogya Setu is a Covid-19 contact tracing app but critics say that the Centre’s directive to download the app compulsorily violates fundamental rights of citizens

The Kerala High Court on Tuesday refused to pass an interim order to stay the mandatory downloading of ‘Arogya Setu’ app on employees’ phones and sought a statement from the central government on data safeguards of the app being developed by the National Informatics Centre.

A bench comprising Justices Anu Sivaraman and M R Anitha asked the Centre whether it can give a guarantee that the information collected by the app would not be misused at any time. The counsel for the central government said privacy of data was ensured and it will submit a detailed statement in this regard during the next hearing. He said it has been recognised as the best app in the world fighting the Covid-19 and lakhs of people have already downloaded it.

“Extraordinary situation calls for extraordinary measures, we will come back to it in normal circumstances,” the bench observed while posting the matter for further hearing on May 18. Last month the court had also refused to stay the Kerala Government’s decision to engage a US firm ‘Sprinklr’ in vetting the data collected by health workers.

Last week Thrissur District Congress Committee general secretary John Daniel had moved the court saying the Centre’s directive to download the ‘Arogya Setu’ app compulsorily violated the fundamental rights of citizens and there were also chances of misusing personal data collected through the app. He also pointed out the Centre’s guidelines made it clear that employees who do not comply with the directive will have to face prosecution under the Disaster Management Act.

On April 29, the Centre had directed all officers and other employees of the government to download the ‘Arogya Setu’ app on their mobile phones immediately. Similarly it also instructed rail and air passengers to download the app for their travel.